Richard C. Godfrey, P.C. - Partner

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Richard C. Godfrey, P.C.

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Chicago
Phone: +1 312-862-2391
Fax: +1 312-862-2200
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Professional Profile

Mr. Godfrey is a senior litigation partner in the Chicago office of Kirkland & Ellis LLP, and serves as a member of Kirkland's Worldwide Management Committee. He also serves as a Trustee and Director of various educational and other nonprofit organizations, including as a Trustee of Boston University, the Chicago Symphony Orchestra, and as a Director of the National Center for State Courts, among others.

Representative litigation matters in which Mr. Godfrey has acted as trial or appellate counsel over the last decade include:

  • City Of Neodesha, Kansas v. BP Corporation North America, et al., appeal pending No. 109-111 (Kan. App.); see prior Kansas Supreme Court decision, 287 P.3d 214 (Kan. 2012) (Represent BP party defendants on appeals involving certified class in an environmental remediation and cleanup case)

  • Nettles, et al. v. A Leading Property and Casualty Insurance Company, No. 02-CH-14426 (Circuit Court Cook County, July 6, 2010), aff’d, Slip Op. No. 1-10-2247 (1st Dist. Ill. App., May 29, 2012), Nettles’ petition for leave to appeal pending (Counsel for insurance company in certified class action trial alleging violations of Illinois and Washington state wage and hours laws with respect to client’s adjusters; after bench trial, court ruled for client finding no liability; appellate court affirmed for client)

  • Puffer v. A Leading Property and Casualty Insurance Company, 675 F.3d 709 (7th Cir. 2012). See also 614 F.Supp.2d 905 (N.D.Ill. 2009); 255 F.R.D. 450, 2009 U.S. Dist. LEXIS 3533, 2009 WL 136097 (N.D. Ill., Jan. 15, 2009), Rule 23 (f) petitions denied twice (7th Cir., March 25 and Dec. 21, 2009); 2009 WL 669780, 2009 U.S. Dist. LEXIS 20577 (March 12, 2009) (Represented client in putative gender discrimination class action; plaintiff's motions for class certification denied)

  • MDL 2179: In re Oil Spill by the Oil Rig Deepwater Horizon (E.D. La. 2010 & continuing); see also In re United States Coast Guard - Bureau of Ocean Energy Management Joint Investigation into the Deepwater Horizon casualty (May 2010 - August 2011) (Counsel for BP)

  • New Jersey Department of Environmental Protection, et al. v. Occidental Chemical Corp., et al., No. EXL-L-9868-05, (Superior Ct. N.J.) (Represented Repsol and YPF in alleged environmental contamination case)

  • Willis v. Buss, No. 11-1071 (7th Cir. May 11, 2011) (Represented American Jewish Committee as amicus on appeal in a class action lawsuit brought on behalf of Indiana inmates who request a kosher diet as part of the exercise of their religious beliefs; Buss (the Commissioner, Indiana Department of Corrections) dismissed the Department's appeal shortly before its reply brief was due)

  • J.M. v. Briseno, 949 N.E.2d 779 (1st Dist. Ill. App. 2011) (Represented J.M. (pro bono) on appeal in case involving two University of Chicago Law School students and the Illinois Civil No Contact Order Act; appeals court reversed lower court judgment, ruling in favor of client J.M.)

  • City of Moundridge v. Exxon Mobil Corp. et al., No. 09-7153, 409 Fed. Appx. 362, (D.C. Cir., Feb. 25, 2011) cert. denied, 2011 U.S. LEXIS 8404 (U.S., Nov. 28, 2011) (Summary judgment in favor of client BP Products and other defendants affirmed). See also 2008 U.S. Dist. LEXIS 31236 (D.D.C., April 16, 2008) (Represented BP in case alleging antitrust conspiracy with respect to natural gas prices); see also decisions reported at 244 F.R.D. 10 (D.D.C. 2007), and 471 F. Supp. 2d 20 (D.D.C. 2007)

  • NorthRidge Church, f/k/a Temple Baptist Church v. Charter Township Of Plymouth, 647 F.3d 606 (6th Cir. 2011) (Represented NorthRidge Church in appeal of its challenge to a consent judgment under the First Amendment and Religious Land Use and Institutionalized Persons Act; Appeals Court denied NorthRidge’s appeal)

  • United States v. Debra Hills, 618 F.3d 619 (7th Cir. 2010) (Represented Ms. Hills as appointed counsel (pro bono) on appeal of Hills’ criminal conviction for (i) an alleged conspiracy to defraud the IRS, and (ii) for allegedly filing a false tax return. On appeal, the Court ruled in Ms. Hills’ favor, vacated her conviction, and remanded for a new trial on the basis of prosecutorial misconduct)

  • Siegel v. Shell Oil Co., 612 F.3d 932 (7th Cir. 2010), petition for rehearing denied (7th Cir., July 30, 2010); 656 F.Supp.2d 825, 2009 WL 2905552 (N.D. Ill., Sept. 4, 2009); 2009 U.S. Dist. LEXIS 13520, 2009 WL 449073 (N.D. Ill., Feb. 23, 2009); 2008 U.S. Dist. LEXIS 72314 (N.D. Ill., Sept. 23, 2008) (class certification denied); 2008 U.S. Dist. LEXIS 72314, 2008 WL 4378399 (Sept. 23, 2008); 480 F.Supp.2d 1034 (N.D. Ill. 2007) (Represented BP in putative consumer class action challenging gasoline pricing)

  • Guest v. A Leading Property and Casualty Insurance Company, 149 N.M. 74, 244 P.3d 342 (N.M. 2010), aff’d, 145 N.M. 797, 205 P.3d 844, 2009 WL 1007415 (N.M. App. 2009) (Represented client on appeal in breach of indemnity and prima facie tort case)

  • BP Amoco Chemical Co. v. Flint Hills Resources, LLC, 697 F.Supp.2d 1001 (N.D. Ill. 2010); 615 F.Supp.2d 765 (N.D. Ill. 2009); 2009 U.S. Dist. LEXIS 32708, 2009 WL 1033373 (N.D. Ill., April 17, 2009); 2009 U.S. Dist. LEXIS 13524, 600 F.Supp.2d 976, 2009 WL 449081 (N.D. Ill. 2009); 2008 WL 487689 (N.D. Ill., Aug. 28, 2008); 500 F.Supp.2d 957 (N.D. Ill. 2007); 489 F.Supp.2d 853 (N.D. Ill. 2007); 2006 WL 2505691 (N.D. Ill., Aug. 25, 2006) (Represented BP Amoco in a case alleging breach of contract and fraud arising out of the sale of a chemical plant)

  • ExxonMobil Corp. v. Gill, 221 S.W.3d 841, 2007 Tex. App. LEXIS 2819, 2007 WL 1080655 (Tex. App. 2007), reversed in favor of Exxon, 299 S.W.3d 124 (Tex. S. Ct. 2009), petition for rehearing denied (Jan. 15, 2010) (Represented ExxonMobil in putative statewide class action alleging breach of contract and fraudulent concealment over gasoline pricing); see also Flagler Automotive, Inc., et al. v. ExxonMobil Corp., appeal dismissed (2d Cir., Feb. 2009), 582 F.Supp.2d 367, 2008 WL 4604085 (E.D.N.Y. 2008), 67 U.C.C. Rep. Serv. 2d (Callaghan) (Represented ExxonMobil in putative nationwide class action with respect to gasoline pricing)

  • In re General Growth Properties, Inc., 409 B.R. 43, 51 Bankr.Ct.Dec. 280 (S.D.N.Y. 2009) (Represented General Growth project-level debtors at trial in challenge to Chapter 11 filings; bench trial opinion in favor of clients)

  • Romero v. A Leading Property and Casualty Insurance Company, consolidated, 2007 WL 906158 (E.D. Pa., Mar. 21, 2007); 2007 WL 1811197 (E.D. Pa., June 20, 2007), reversed, 2009 WL 2255817 (3d Cir. 2009) (Counsel for client in a case brought by the EEOC and a putative class of former employee insurance agents alleging age discrimination and breach of contract claims, among others); see also earlier decision reported at 404 F.3d 212 (3d Cir. 2005)

  • Autry Petroleum Co. v. BP Products N. Am., Inc., 2008 WL 360628 (M.D. Ga., Feb. 8, 2008), motion for reconsideration denied, 2008 WL 693800 (M.D. Ga., Mar. 12, 2008), aff’d, 334 Fed.Appx. 982 (11th Cir., June 26, 2009), petition for rehearing by Autry denied (November 25, 2009) (Represented BP in putative nationwide class action brought by jobbers alleging violations of the UCC and breach of contract over gasoline prices)

  • R.R. Street & Co., Inc., et al. v. Vulcan Materials Co., 2008 WL 2961314, 2008 U.S. Dist. LEXIS 60586 (N.D. Ill., July 31, 2008), reversed, 569 F.3d 711 (7th Cir. 2009), petition for rehearing denied (7th Cir., July 29, 2009) (Represented Vulcan in declaratory judgment action alleging existence and breach of indemnity agreement)

  • MDL 1532: In re New Motor Vehicles Canadian Exp. Antitrust Litig., 632 F.Supp.2d 42 (D. Me. 2009) (Summary judgment ruling in favor of defendants in multidistrict litigation antitrust case); 2009 WL 861485 (D. Me., March 26, 2009). See also 522 F.3d 6 (1st Cir. 2008), motion for rehearing denied (1st Cir., May 2008); 533 F.3d 1, 2008 WL 2568457, 2571402 (1st Cir. 2008), and other opinions reported at: 307 F.Supp.2d 136 (D. Me. 2004); 490 F.Supp.2d 12 (D. Me. 2007); 2006 U.S. Dist. LEXIS 10240 (D. Me., Mar. 10, 2006); 235 F.R.D. 127 (D. Me. 2006); 236 F.R.D. 53 (D. Me. 2006); 466 F.Supp.2d 364 (D. Me. 2006); 241 F.R.D. 77 (D. Me. 2007); 243 F.R.D. 17, 20 (D. Me. 2007); 244 F.R.D. 70 (D. Me. 2007); 2008 WL 583548 (D. Me., Jan. 29, 2008); 2008 WL 1924993 (Apr. 29, 2008); 2009 WL 861485 (March 26, 2009); 2009 U.S. Dist. LEXIS 30260 (April 2, 2009) (Represented General Motors in putative class action alleging antitrust conspiracy)

  • Koch Business Holdings, LLC v. Amoco Pipeline Holding Company, 554 F.3d 1334 (11th Cir. 2009), petition for rehearing denied (June 15, 2009) (Represented Amoco on appeal in breach of contract case)

  • Nolan v. Weil-McLain, 233 Ill.2d 416, 910 N.E.2d 549, 331 Ill. Dec. 140 (Ill. 2009), petition for rehearing denied (June 11, 2009), and reversing, 365 Ill.App.3d 963, 851 N.E.2d 281, 303 Ill. Dec. 383 (Ill. App. Ct., 4th Dist. 2006) (Counsel on appeal for Weil-McLain; Illinois Supreme Court reversed lower court’s entry of adverse jury verdict and judgment in an asbestos case, and reversed the Court of Appeals to set aside what was known as the "Lipke" rule)

  • Warriner, et al. v. 3M Company, No. 1-07-2374, Slip Op. (1st Dist. Ill. App., July 31, 2008) (Represented 3M in putative class action brought under the Illinois Consumer Fraud Act)

  • Int’l Union v. General Motors Corp., 2008 U.S. Dist. LEXIS 92590, 2008 WL 2968408, 156 Lab.Cas. 11,098 (E.D. Mich., July 31, 2008); 2008 U.S. Dist. LEXIS 16767 (E.D. Mich. Mar. 5, 2008) (Represented GM in case involving retiree health care benefits alleging class action claims under ERISA and LMRA)

  • Daniel v. Aon Corp., No. 1-06-0240, Slip Op. (1st Dist. Ill. App., June 19, 2008), petition for rehearing denied (Represented the Aon parties in putative class action involving allegations of breach of fiduciary duty, constructive trust, and claimed violations of consumer fraud statutes); see also related cases in MDL 1663: In re Ins. Brokerage Antitrust Litig., 2008 U.S. Dist. LEXIS 2818 (D.N.J., Jan. 14, 2008); 2007 U.S. Dist.LEXIS 74711 (D.N.J., Oct. 5, 2007); 2007 U.S. Dist. LEXIS 73220 (D.N.J., Sept. 28, 2007); 2007 U.S. Dist. LEXIS 65037 & 64767 (D.N.J., Aug. 31, 2007); 2007 U.S. Dist. LEXIS 47659 (D.N.J., June 29, 2007); 2007 U.S. Dist. LEXIS 40729 (D.N.J., June 5, 2007); 2007 WL 1062980 (D.N.J., Apr. 5, 2007); 2009 U.S. Dist. LEXIS 17019 (March 3, 2009); 2008 U.S. Dist. LEXIS 63633, 2008 WL 3887616 (Aug. 20, 2008); 2009 U.S. Dist. LEXIS 17754; 17755 (Feb. 17, 2009)

  • EEOC v. A Leading Property and Casualty Insurance Company, 528 F.3d 1042 (8th Cir. June 10, 2008), 2008 U.S. App. LEXIS 27480, decision vacated on petition for rehearing and appeal dismissed for lack of jurisdiction (8th Cir., Sept. 8, 2008) (Represent client in case brought by EEOC alleging age discrimination); see also opinions reported at 458 F.Supp.3d 980 (E.D. Mo. 2006); 2007 WL 38675 (E.D. Mo. Jan. 4, 2007)

  • Flanagan v. A Leading Property and Casualty Insurance Company, 2008 WL 2338625 (N.D. Ill., May 23, 2008) (Summary judgment opinion against (b)(3) class); see also Rule 23(b)(2) class decision reported at 400 F.3d 505 (7th Cir. 2005) (Represented client in putative class action alleging ERISA and constructive discharge claims); additional trial court opinions reported at 581 F. Supp. 2d 920, 2008 U.S. Dist. LEXIS 85400 (N.D. Ill. 2008); 2008 U.S. Dist. LEXIS 23371 (N.D. Ill., Mar. 21, 2008); 2008 U.S. Dist. LEXIS 22040 (N.D. Ill., Mar. 14, 2008); 2007 WL 3085903 (N.D. Ill., Oct. 18, 2007); 2007 WL 2410076 (N.D. Ill., Aug. 17, 2007); 2007 WL 2317178 (N.D. Ill., July 20, 2007); 2007 WL 1381524 (N.D. Ill., May 3, 2007); 242 F.R.D. 434 (N.D. Ill. 2007); 242 F.R.D. 421 (N.D. Ill. 2007); 2006 WL 1444919 (N.D. Ill., Jan. 11, 2006)

  • DAG Petroleum Suppliers, L.L.C. v. BP p.l.c., 452 F.Supp.2d 641 (E.D. Va. 2006), and 2006 WL 2938721 (E.D. Va., Sept. 15, 2006), aff’d, 268 Fed.Appx. 236, 2008 WL 193193 (4th Cir., Jan. 23, 2008), petition for rehearing and rehearing en banc denied (4th Cir., Feb. 19, 2008) (Represented BP parties in case alleging business conspiracy and race discrimination)

  • UAW v. General Motors Corp., 235 F.R.D. 383, 2006 WL 1071904 (E.D. Mich. 2006); 2006 WL 891151 (E.D. Mich. 2006), aff’d, 497 F.3d 615 (6th Cir. 2007) (Represented GM in class action case involving retiree health care benefits; class settlement resulted in restructuring of union retiree health care benefits); see also Int’l Union v. General Motors Corp., 2008 U.S. Dist. LEXIS 92590, 2008 WL 2968408, 156 Lab.Cas. ¶ 11,098 (E.D. Mich., July 31, 2008); 2008 U.S. Dist. LEXIS 16767 (E.D. Mich., Mar. 5, 2008)

  • MDL 1510: In re Daewoo Motor Co., Ltd. Dealership Litig., and Daewoo Motor America, Inc. v. General Motors Corp., 315 B.R. 148 (M.D. Fla. 2004), aff’d, 459 F.3d 1249 (11th Cir. 2006), cert. denied, 127 S. Ct. 2032 (2007) (Represented GM in litigation arising out of the sale of Korean automobile manufacturer’s assets)

  • Nat’l Accident Ins. Underwriters, Inc. v. Citibank, F.S.B., 533 F.Supp.2d 784, 2007 WL 4893475 (N.D. Ill. 2007) (Represented Citibank in case alleging conversion)

  • DeHoyos v. A Leading Property and Casualty Insurance Company, 240 F.R.D. 269 (W.D. Tex. 2007), 2007 WL 979936 (W.D. Tex., Mar. 28, 2007); see also 2006 WL 2329417 (W.D. Tex., June 2, 2006) (Represented client in class action alleging race discrimination)

  • A Leading Property and Casualty Insurance Company v. Holy Cross Hosp., Inc., 895 So.2d 1241 (Fla. Dist. Ct. App. 2005), aff'd, 961 So.2d 328 (Fla. 2007) (Represented client in Florida Appeals and Supreme Courts on appeal of adverse trial court decision involving application of state insurance statute)

  • Nationwide Mut. Fire Ins. Co. v. Cent. Fla. Physiatrists, P.A., 851 So.2d 762, subsequently overruled by Florida Supreme Court in A Leading Property and Casualty Insurance Company, 961 So.2d 328 (Fla. 2007) (Represented Nationwide in 5th District Court of Appeals, and represented client in Florida Fourth District Court of Appeals and Florida Supreme Court)

  • MDL 1134: In re Underground Petroleum Storage Tanks Litigation: see also Lynn v. Amoco Oil Co., 459 F.Supp.2d 1175 (M.D. Ala. 2006) (Represented Amoco and BP Exploration in putative environmental conspiracy class action brought by landowners)

  • MDL 1471: In re Comp. of Managerial, Prof’l & Technical Employees Antitrust Litig., 2006 WL 361383 (D.N.J. Feb. 15, 2006); 2006 WL 38937 (D.N.J. Jan. 5, 2006); 2003 U.S. Dist. LEXIS 22836 (D.N.J. May 22, 2003); 2006 U.S. Dist. LEXIS 249 (D.N.J. Jan. 4, 2006) see also Todd v. Exxon Corp. 275 F.3d 191 (2d Cir. 2001) (Represent BP, Amoco and ARCO in putative class action alleging antitrust conspiracy regarding employee compensation)

  • Isbell v. A Leading Property and Casualty Insurance Company, 418 F.3d 788 (7th Cir. 2005), cert. denied, 547 U.S. 1021 (2006) (Represented client in a case alleging claims under ERISA, the ADEA and ADA)

  • Elam v. Lincoln Elec. Co., 362 Ill. App.3d 884, 841 N.E.2d 1037, 299 Ill. Dec. 305 (Ill. App. Ct. 5th Dist. 2005), petition for leave to appeal denied, 218 Ill.2d 537, 850 N.E.2d 807 (Ill. 2006) (Represented Lincoln Electric, Hobart/Illinois Tool Works, and Airco/BOC Group, Inc. on appeal from an adverse jury verdict in the welding fumes litigation)

  • In re Insurance Commissioner For The State Of Maryland and David Metz, No. 24-C-03-006327 (Cir. Ct. Balt., March 30, 2004), aff'd, Metz v. A Leading Property and Casualty Insurance Company, 164 Md.App. 386, 883 A.2d 943 (Md. Ct. of Spec. App. 2005) (Represented client on appeal in case challenging an adverse ruling by the Maryland Insurance Commissioner concerning ownership of assets (book of businesses)

  • Bains LLC d/b/a Flying B v. Arco Products Co., 405 F.3d. 764 (9th Cir. 2005) (Represented ARCO on appeal in an alleged employment discrimination case)

  • Durant, et al. v. TruGreen, 2004 U.S. App. LEXIS 16728 (6th Cir. 2004) (Represented TruGreen and ServiceMaster in a putative consumer class action)

  • In re K-Mart Corp., 359 F.3d 866 (7th Cir. 2004) (Represented Handleman Company on appeal of an adverse bankruptcy court decision involving critical vendor payments)


Memberships & Affiliations

Trustee, Boston University; also Member, Dean's Advisory Board, Boston University School of Law

Trustee, Chicago Symphony Orchestra

Member, Board of Directors, Chicagoland Chamber of Commerce

Member, Board of Directors, The Appleseed Foundation (Washington, D.C.)

Member, Board of Directors, National Center for State Courts; also formerly Co-Chair, Lawyer's Committee, National Center for State Courts (Williamsburg, VA)

Member, Board of Directors, The Churchill Centre; formerly a Trustee, American Friends of the Churchill Museum (War Cabinet Rooms, London)

Member, Board of Governors, The Mid-America Club (IL)

Member of the Civic Committee, The Commercial Club of Chicago

Member of the American, Illinois, Chicago, 5th and 7th Circuit Bar Associations; Member, Rocky Mountain Mineral Law Foundation; and Fellow, The American Bar Foundation


Courts

Member of the bars of the United States Supreme Court and United States Court of Claims

Member of the bars of the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, and D.C. Circuit Courts of Appeal

Member of the bars of the United States District Courts for the District of Colorado, the Northern District of Illinois, the Central District of Illinois, the Northern District of Indiana, the Eastern and Western Districts of Michigan, and the United States Tax Court

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